It is not the recovery, but the matter alleged by the party, and upon which the recovery proceeds, which creates the estoppel. The recovery of itself in an action of trespass is only a bar to the future recovery of damages for the same injury ; but the... The Pacific Reporter - Página 421920Visualização integral - Acerca deste livro
| Great Britain. Court of King's Bench, Sir Edward Hyde East - 1807 - 500 páginas
...is only a bar to the future recovery of damages for the fame injury : but the eftop. pel precludes parties and privies from contending to the contrary...that point, or matter of fact, which having been once diftinctly put in iffue by them, or by thofe to whom they are privy in eftate or law, has been, on... | |
| New Jersey. Supreme Court - 1835 - 836 páginas
...trespass, is only a bar to a future recovery of damages for the same injury, but that the estopel precludes parties and privies from contending to the contrary...distinctly put in issue by them, has been on such issue, solemnly decided against them. In the case under consideration, the defendant endeavored to put in... | |
| Esek Cowen, New York (State). Supreme Court - 1836 - 828 páginas
...trespass, is only a bar to the future recovery of damages for the same injury. But the estoppel precludes parties and privies from contending to the contrary of that point or matter of fact, which, having once been distinctly put in issue by them, or by those to whom they are privy in estate or law, has... | |
| Ireland. Court of King's Bench - 1850 - 646 páginas
...is only a bar to the future recovery of damages for the " same injury ; but the estoppel precludes parties and privies from " contending to the contrary of that point or matter of fact, which, (a) 4 Bing. NC 797. (b) 2 Ir. Law Rep. 96. GIBSON. 11 " having been once distinctly put in issue by... | |
| South Carolina. Court of Appeals, Langdon Cheves - 1860 - 336 páginas
...present defendants by way of estoppel to Jones's rights under Stephenson's title. An estoppel precludes parties and privies from contending to the contrary...having been once distinctly put in issue by them, or by those with whom they are privy in estate, or law, has been, on such issue joined, solemnly found... | |
| Theophilus Parsons - 1866 - 830 páginas
...trespass, is only a bar to the future recovery of damages for the same injury ; but the estoppel precludes parties and privies from contending to the contrary of that point, or matter of fact, which, having once distinctly been put in issue by them, or by those to whom they arc privy, in estate or law, lias... | |
| Oliver Lorenzo Barbour - 1868 - 732 páginas
...only a bar to the future recovery of damages for the same injury ; but the estoppel precludes parties from contending to the contrary of that point, or...on such issue joined, solemnly found against them." In Marsh v. Pier, (4 Rawl. 273,) it was held that "When a subject or question in controversy has been... | |
| Melville Madison Bigelow - 1872 - 732 páginas
...trespass, is only a bar to the future recovery of damages for the same injury ; but the estoppel precludes parties and privies from contending to the contrary...having been once distinctly put in issue by them, or by those to whom they are privy in estate or law, has been, on such issue ioined, solemnly found... | |
| 1882 - 1904 páginas
...trespasses only a bar to the future recovery of damages for the same injury ; but the estoppel precludes parties and privies from contending to the contrary...having been once distinctly put in issue by them, or by those to whom they are privy in estate or law, has been, on such issue joined, solemnly found... | |
| 1901 - 1166 páginas
...trespass, le only a bar to the future recovery of damages for the same Injury; but the estoppel precludes parties and privies from contending to the contrary of that point or matter ol fact which, having been once distinctly put in issue by them, or by those to whom they are privy... | |
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